How to File a Food Adulteration Complaint With FSSAI in India

Consuming adulterated or unsafe food can cause serious health problems, from food poisoning to long-term illness. The Food Safety and Standards Act, 2006 (FSSA) gives every consumer the right to report food safety violations and hold food businesses accountable. This guide explains how to file a food adulteration complaint with FSSAI, what evidence you need, and the penalties that food offenders face.

What Counts as Food Adulteration Under the FSSA

Section 26 of the Food Safety and Standards Act, 2006 prohibits the manufacture, storage, sale, or distribution of any article of food that is unsafe. Food is considered adulterated when any substance is added to it or removed from it to reduce its quality, when it contains harmful ingredients, or when it is processed under unsanitary conditions. Section 3(1)(zz) defines 'unsafe food' broadly to include food whose nature, substance, or quality renders it injurious to health.

Who Can File a Complaint

Any person can file a food safety complaint, whether they have personally consumed the food or simply observed a violation. You do not need to be a direct consumer. Complaints can be filed by individuals, consumer groups, NGOs, or even competitors who notice violations. The consumer complaint process through e-Daakhil is also available for food safety matters where you seek compensation.

How to File a Complaint Through the FSSAI Portal and App

Step 1: Use the Food Safety Connect App or Portal. Download the 'Food Safety Connect' app from Google Play Store or Apple App Store. You can also visit the online portal at foscos.fssai.gov.in/consumergrievance. Register using your mobile number or email and verify through OTP.

Step 2: Select the Type of Concern. Choose from categories such as adulterated food, expired products, unhygienic conditions, misleading labels, or unlicensed food businesses.

Step 3: Provide Details and Upload Evidence. Enter the name and address of the food establishment, describe the issue, and upload photographs of the product, packaging, batch number, manufacturing date, and expiry date. Location details are captured automatically when using the app.

Step 4: Submit and Track. After submission, you receive a unique concern number via SMS. Use this number to track the status of your complaint. The system forwards your complaint to the relevant Food Safety Officer (FSO) for investigation.

Filing a Complaint With the Local Food Safety Officer

You can also approach the Food Safety Officer of your area directly. Every district has designated FSOs appointed under Section 36 of the FSSA. To find your local FSO, visit the FSSAI website or call the FSSAI toll-free helpline at 1800-112-100 (available 24/7). Write a complaint letter describing the food item, the establishment, and the nature of adulteration, and attach any evidence. The FSO has the power under Section 38 to inspect food premises, collect samples, and initiate prosecution. If you are reporting a matter that also involves a broader consumer complaint, the consumer forum route may also be relevant.

Evidence You Should Preserve

Strong evidence significantly improves the chances of action on your complaint. Preserve the original food product in a sealed container if possible. Take clear photographs of the product label showing the batch number, manufacturing date, expiry date, and FSSAI license number (every food business must have one). Keep the purchase receipt or invoice. Note the date, time, and location of purchase. If you suffered health issues, obtain a medical report linking the illness to the food consumed.

Penalties for Food Adulteration Under the FSSA

The FSSA prescribes a graduated penalty structure depending on the severity of the violation. Section 51 imposes a penalty of up to Rs. 5 lakh for selling substandard food. Section 52 penalizes the use of misbranded food with fines up to Rs. 3 lakh. Section 53 covers misleading advertisements with penalties up to Rs. 10 lakh. Section 59 deals specifically with unsafe food: if the food causes no injury, the penalty can extend to Rs. 1 lakh; if it causes injury not amounting to grievous hurt, imprisonment up to one year and a fine up to Rs. 3 lakh apply; if it causes grievous hurt, imprisonment up to six years and a fine up to Rs. 5 lakh; and if it results in death, imprisonment of not less than seven years extending to life imprisonment and a fine of not less than Rs. 10 lakh. These penalties are adjudicated by an Adjudicating Officer appointed under Section 68 of the Act.

Filing a Complaint Before the Consumer Forum

Apart from the FSSAI route, you can also file a complaint before the Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. This route allows you to claim compensation for health damage, mental agony, and financial loss caused by adulterated food. The complaint can be filed online through the e-Daakhil portal (edaakhil.nic.in). Jurisdiction depends on the value of goods and compensation claimed: the District Commission handles claims up to Rs. 1 crore, the State Commission handles claims between Rs. 1 crore and Rs. 10 crore, and the National Commission handles claims exceeding Rs. 10 crore. The limitation period for filing is two years from the date the cause of action arose.

Filing a Criminal Complaint

If the adulteration has caused serious health consequences, you can file a First Information Report (FIR) with the police. Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 274 deals with adulteration of food or drink intended for sale, and Section 275 covers the sale of noxious food or drink. These sections prescribe imprisonment of up to six months along with a fine, or both. For an understanding of your rights during the complaint process, it is important to know the protections available under the BNSS, 2023.

Appeal Against FSSAI Orders

If you are dissatisfied with the Adjudicating Officer's order, you can appeal to the Food Safety Appellate Tribunal established under Section 70 of the FSSA. The appeal must be filed within 30 days of the order. Further appeals on questions of law lie before the High Court under Section 73.

Key Takeaways

1. Any person can file a food adulteration complaint through the FSSAI Food Safety Connect app, the online portal, or directly with the local Food Safety Officer.

2. Section 26 of the FSSA prohibits manufacturing or selling unsafe food; penalties under Sections 51 to 59 range from fines up to Rs. 5 lakh to life imprisonment depending on the harm caused.

3. Preserve the food sample, packaging, receipt, and photographs as evidence before filing a complaint.

4. The FSSAI toll-free helpline (1800-112-100) operates 24/7 for food safety concerns.

5. You can simultaneously pursue the consumer forum route under the Consumer Protection Act, 2019 to claim compensation for health damage and financial loss.

6. For serious health consequences, a criminal complaint (FIR) can be filed under Sections 274 and 275 of the BNS, 2023.